[Federal Register Volume 90, Number 31 (Tuesday, February 18, 2025)]
[Notices]
[Pages 9713-9716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02674]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE410]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Geophysical Surveys Related to Oil and Gas Activities in
the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, its implementing regulations, and NMFS' MMPA Regulations for
Taking Marine Mammals Incidental to Geophysical Surveys Related to Oil
and Gas Activities in the Gulf of Mexico (GOM), notification is hereby
given that a Letter of Authorization (LOA) has been issued to Viridien
for the take of marine mammals incidental to geophysical survey
activity in the GOM.
DATES: The LOA is effective March 1, 2025, through December 31, 2025.
ADDRESSES: The LOA, LOA request, and supporting documentation are
available online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-oil-and-gas-industry-geophysical-survey-activity-gulf-mexico. In case of problems accessing these documents, please call
the contact listed below (see FOR FURTHER INFORMATION CONTACT section).
[[Page 9714]]
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
On January 19, 2021, we issued a final rule with regulations to
govern the unintentional taking of marine mammals incidental to
geophysical survey activities conducted by oil and gas industry
operators, and those persons authorized to conduct activities on their
behalf (collectively ``industry operators''), in U.S. waters of the GOM
over the course of 5 years (86 FR 5322, January 19, 2021). The rule was
based on our findings that the total taking from the specified
activities over the 5-year period will have a negligible impact on the
affected species or stock(s) of marine mammals and will not have an
unmitigable adverse impact on the availability of those species or
stocks for subsistence uses, and became effective on April 19, 2021.
The regulations at 50 CFR 217.180 et seq. allow for the issuance of
LOAs to industry operators for the incidental take of marine mammals
during geophysical survey activities and prescribe the permissible
methods of taking and other means of effecting the least practicable
adverse impact on marine mammal species or stocks and their habitat
(often referred to as mitigation), as well as requirements pertaining
to the monitoring and reporting of such taking. Under Sec. 217.186(e),
issuance of an LOA shall be based on a determination that the level of
taking will be consistent with the findings made for the total taking
allowable under these regulations and a determination that the amount
of take authorized under the LOA is of no more than small numbers.
NMFS subsequently discovered that the 2021 rule was based on
erroneous take estimates. We conducted another rulemaking using correct
take estimates and other newly available and pertinent information
relevant to the analyses supporting some of the findings in the 2021
final rule and the taking allowable under the regulations. We issued a
final rule in April 2024, effective May 24, 2024 (89 FR 31488, April
24, 2024).
The 2024 final rule made no changes to the specified activities or
the specified geographical region in which those activities would be
conducted, nor to the original 5-year period of effectiveness. In
consideration of the new information, the 2024 rule presented new
analyses supporting affirmance of the negligible impact determinations
for all species, and affirmed that the existing regulations, which
contain mitigation, monitoring, and reporting requirements, are
consistent with the ``least practicable adverse impact'' (LPAI)
standard of the MMPA.
Summary of Request and Analysis
Viridien plans to conduct a three-dimensional (3D) ocean bottom
node (OBN) survey over 1,840 lease blocks in the Garden Banks, Keathley
Canyon, East Breaks, and Alaminos Canyon areas, with water depths
ranging from approximately 1,000 to 2,700 meters (m). See section D of
the LOA application for a map of the area.
Viridien anticipates using two dual-source vessels, and would
preferentially use the low-frequency tuned pulse source (TPS).
Alternatively, Viridien may use conventional airgun array sources
consisting of 42 elements with a total volume of 5,220 cubic inches
(in\3\). Please see Viridien's application for additional detail.
The TPS was not included in the acoustic exposure modeling
developed in support of the rule. However, the TPS was previously
described and evaluated in support of previous LOAs and we rely on
those analyses here (86 FR 37309, 37310, July 15, 2021; 87 FR 55790,
55791, September 12, 2022). For additional detail regarding sources,
see section C of the LOA application. Based on this information we have
determined there will be no effects of a magnitude or intensity
different from those evaluated in support of the rule. NMFS therefore
expects that use of modeling results supporting the final rule relating
to use of airgun arrays are expected to be conservative as a proxy for
use in evaluating potential impacts of use of the TPS.
The survey effort proposed by Viridien in its LOA request was used
to develop LOA-specific take estimates based on the acoustic exposure
modeling results described in our rule preamble (89 FR 31488, April 24,
2024). In order to generate the appropriate take number for
authorization, the following information was considered: (1) survey
type; (2) location (by modeling zone \1\); (3) number of days; (4)
source; and (5) month.\2\ In this case, because Viridien may also elect
to use the specified 42-element, 5,220 in\3\ airgun array sources, the
5,110 in\3\ airgun array proxy was selected. The acoustic exposure
modeling performed in support of the rule provides 24-hour exposure
estimates for each species, specific to each modeled source and survey
type in each zone and month.
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\1\ For purposes of acoustic exposure modeling, the GOM was
divided into seven zones. Zone 1 is not included in the geographic
scope of the rule.
\2\ Acoustic propagation modeling was performed for two seasons:
winter (December-March) and summer (April-November). Marine mammal
density data is generally available on a monthly basis, and
therefore further refines take estimates temporally.
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No 3D OBN surveys were included in the modeled survey types, and
use of existing proxies (i.e., 2D, 3D NAZ, 3D WAZ, Coil) is generally
conservative for use in evaluation of 3D OBN survey effort, largely due
to the greater area covered by the modeled proxies. Summary
descriptions of these modeled survey geometries are available in the
preamble to the proposed rule (83 FR 29212, 29220, June 22, 2018). Coil
was selected as the best available proxy survey type in this case
because the spatial coverage of the planned survey is most similar to
the coil survey pattern. The planned OBN survey will involve two source
vessels sailing along
[[Page 9715]]
closely spaced survey lines, with daily survey area coverage of
approximately 144 kilometers squared (km\2\) per day, similar to that
assumed for the coil survey proxy. Among the different parameters of
the modeled survey patterns (e.g., area covered, line spacing, number
of sources, shot interval, total simulated pulses), NMFS considers area
covered per day to be most influential on daily modeled exposures
exceeding Level B harassment criteria. Although Viridien is not
proposing to perform a survey using the coil geometry, the coil proxy
is most representative of the effort planned by Viridien in terms of
predicted Level B harassment exposures.
The survey will take place over approximately 115 days with 65 days
of sound source operation, including 38 days planned in Zone 5, 23 days
planned in Zone 6, and 4 days in Zone 7. The monthly distribution of
survey days is not known in advance, though we assume that the planned
65 days of source operation would occur contiguously. Take estimates
for each species are based on the time period that produces the
greatest value.
For the Rice's whale, take estimates based on the modeling yielded
results that are not realistically likely to occur when considered in
light of other relevant information concerning Rice's whale habitat
preferences considered during the rulemaking process. NMFS' 2024 final
rule provided detailed discussion regarding Rice's whale habitat (see,
e.g., 89 FR 31508, 31519). In summary, recent survey data, sightings,
and acoustic data support Rice's whale occurrence in waters throughout
the GOM between approximately 100 m and 400 m depth along the
continental shelf break, and associated habitat-based density modeling
has identified similar habitat (i.e., approximately 100 to 400 m water
depths along the continental shelf break) as being Rice's whale habitat
(Garrison et al., 2023; Soldevilla et al., 2022, 2024).
Although Rice's whales may occur outside of the general depth range
expected to provide suitable habitat, we expect that any such
occurrence would be rare. Viridien's planned activities will occur in
water depths of approximately 1,000 to 2,700 m in the central GOM.
Thus, NMFS does not expect there to be the reasonable potential for
take of Rice's whale in association with this survey and, accordingly,
does not authorize take of Rice's whale through the LOA.
Based on the results of our analysis, NMFS has determined that the
level of taking expected for this survey and authorized through the LOA
is consistent with the findings made for the total taking allowable
under the regulations. See table 1 in this notice and table 6 of the
rule (89 FR 31488, April 24, 2024).
Small Numbers Determination
Under the GOM rule, NMFS may not authorize incidental take of
marine mammals in an LOA if it will exceed ``small numbers.'' In short,
when an acceptable estimate of the individual marine mammals taken is
available, if the estimated number of individual animals taken is up
to, but not greater than, one-third of the best available abundance
estimate, NMFS will determine that the numbers of marine mammals taken
of a species or stock are small (89 FR 31535, May 24, 2024). For more
information please see NMFS' discussion of small numbers in the 2021
final rule (86 FR 5438, January 19, 2021).
The take numbers for authorization are determined as described
above in the Summary of Request and Analysis section. Subsequently, the
total incidents of harassment for each species are multiplied by scalar
ratios to produce a derived product that better reflects the number of
individuals likely to be taken within a survey (as compared to the
total number of instances of take), accounting for the likelihood that
some individual marine mammals may be taken on more than 1 day (86 FR
5404, January 19, 2021). The output of this scaling, where appropriate,
is incorporated into adjusted total take estimates that are the basis
for NMFS' small numbers determinations, as depicted in table 1.
This product is used by NMFS in making the necessary small numbers
determinations through comparison with the best available abundance
estimates (see discussion at 86 FR 5391, January 19, 2021). For this
comparison, NMFS' approach is to use the maximum theoretical
population, determined through review of current stock assessment
reports (SAR; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and model-predicted
abundance information (https://seamap.env.duke.edu/models/Duke/GOM/).
Information supporting the small numbers determinations is provided in
table 1.
Table 1--Take Analysis
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Scaled take Percent
Species Authorized take \1\ Abundance \2\ abundance
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Rice's whale................................... 0 n/a 51 n/a
Sperm whale.................................... 560 237 3,007 7.9
Kogia spp...................................... \3\ 202 62 980 7.4
Beaked whales.................................. 1,299 128 803 15.9
Rough-toothed dolphin.......................... 1,436 412 4,853 8.5
Bottlenose dolphin............................. 1,867 536 165,125 0.3
Clymene dolphin................................ 1,570 451 4,619 9.8
Atlantic spotted dolphin....................... 1,578 453 21,506 2.1
Pantropical spotted dolphin.................... 12,359 3,545 67,225 5.3
Spinner dolphin................................ 191 55 5,548 1.0
Striped dolphin................................ 2,481 712 5,634 12.6
Fraser's dolphin............................... 546 157 1,665 9.4
Risso's dolphin................................ 453 134 1,974 6.8
Blackfish \4\.................................. 3,501 1,033 6,113 16.9
Short-finned pilot whale....................... 1,215 358 2,741 13.1
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\1\ Scalar ratios were applied to ``Authorized Take'' values as described at 86 FR 5322, 5404 (January 19,
2021), to derive scaled take numbers shown here.
\2\ Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take
estimates is considered here to be the model-predicted abundance (Garrison et al., 2023). For Rice's whale,
Atlantic spotted dolphin, and Risso's dolphin, the larger estimated SAR abundance estimate is used.
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\3\ Includes 11 takes by Level A harassment and 191 takes by Level B harassment. Scalar ratio is applied to
takes by Level B harassment only; small numbers determination made on basis of scaled Level B harassment take
plus authorized Level A harassment take.
\4\ The ``blackfish'' guild includes melon-headed whales, false killer whales, pygmy killer whales, and killer
whales.
Based on the analysis contained herein of Viridien's proposed
survey activity described in its LOA application and the anticipated
take of marine mammals, NMFS finds that small numbers of marine mammals
will be taken relative to the affected species or stock sizes (i.e.,
less than one-third of the best available abundance estimate) and
therefore the taking is of no more than small numbers.
Authorization
NMFS has determined that the level of taking for this LOA request
is consistent with the findings made for the total taking allowable
under the incidental take regulations and that the amount of take
authorized under the LOA is of no more than small numbers. Accordingly,
we have issued an LOA to Viridien authorizing the take of marine
mammals incidental to its geophysical survey activity, as described
above.
Dated: February 11, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-02674 Filed 2-14-25; 8:45 am]
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